Kirk v. State

HARWOOD, Judge.

In the court below the appellant was tried uppn a complaint, which omitting the formal parts, reads:

“Cecil Kirk did drive a motor vehicle on the highways of DeKalb Co., Ala. in a reckless manner so as to endanger the life or property of others.”

The sufficiency of the complaint was not challenged by demurrer, or otherwise.

Appellant’s counsel now argues that the complaint is void, and therefore cannot support the verdict and judgment of guilty rendered thereon. If the complaint is void, appellant’s contention- is meritorious.

Section 3, Title 36, Code of Alabama 1940, defines the…